Constitution of the Republic of Turkey ............................................................................1

Rules of Procedure of the Grand National Assembly of Turkey .............. 123

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CONSTITUTION OF

THE REPUBLIC OF TURKEY

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CONSTITUTION OFTHE REPUBLIC OF TURKEY

PREAMBLE .....................................................................................1

PART ONE General Principles

I. Form of the State .................................................................. 3II. Characteristics of the Republic ............................................ 3III. Integrity, official language, flag, national anthem, and capital of the State ......................................................... 3IV. Irrevocable provisions .......................................................... 3V. Fundamental aims and duties of the State ........................... 3VI. Sovereignty ........................................................................... 4VII. Legislative power .................................................................. 4VIII. Executive power and function .............................................. 4IX. Judicial power ....................................................................... 4X. Equality before the law ........................................................ 4XI. Supremacy and binding force of the Constitution .............. 5

PART TWO Fundamental Rights and Duties

CHAPTER ONE General Provisions

I. Nature of fundamental rights and freedoms ........................5II. Restriction of fundamental rights and freedoms ..................5III. Prohibition of abuse of fundamental rights and freedoms .................................................................................6

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IV. Suspension of the exercise of fundamental rights and freedoms ............................................................................... 6V. Status of aliens ...................................................................... 7

CHAPTER TWO Rights and Duties of the Individual

I. Personal inviolability, corporeal and spiritual existence of the individual ................................................................... 7II. Prohibition of forced labour ................................................ 7III. Personal liberty and security ................................................ 8IV. Privacy and protection of private life .................................. 9 A. Privacy of private life ....................................................... 9 B. Inviolability of the domicile .......................................... 10 C. Freedom of communication .......................................... 10V. Freedom of residence and movement ................................ 11VI. Freedom of religion and conscience .................................. 11VII. Freedom of thought and opinion ....................................... 12VIII. Freedom of expression and dissemination of thought ...... 12IX. Freedom of science and the arts ......................................... 13X. Provisions relating to the press and publication ............... 13 A. Freedom of the press ...................................................... 13 B. Right to publish periodicals and non-periodicals ......... 14 C. Protection of printing facilities .................................... 15 D. Right to use media other than the press owned by public corporations ................................................................ 15 E. Right of rectification and reply ..................................... 15XI. Rights and freedoms of assembly ....................................... 15 A. Freedom of association .................................................. 15 B. Right to hold meetings and demonstration marches ... 16XII. Right to property ................................................................ 17XIII. Provisions on the protection of rights ............................... 17

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A. Freedom to claim rights ................................................. 17 B. Principle of natural judge .............................................. 17 C. Principles relating to offences and penalties ................ 17XIV. Right to prove an allegation ............................................... 18XV. Protection of fundamental rights and freedoms ............... 18

CHAPTER THREE Social and Economic Rights and Duties

I. Protection of the family, and childrens rights .................. 19II. Right and duty of education ............................................... 19III. Public interest ..................................................................... 20 A. Utilization of the coasts ................................................. 20 B. Land ownership .............................................................. 21 C. Protection of agriculture, animal husbandry, and persons engaged in these activities.............................................. 21 D. Expropriation ................................................................. 21 E. Nationalization and privatization ................................. 22IV. Freedom of work and contract ........................................... 22V. Provisions relating to labour .............................................. 23 A. Right and duty to work .................................................. 23 B. Working conditions and right to rest and leisure ......... 23 C. Right to organize unions ............................................... 23 D. Activities of unions ........................................................ 24VI. Collective labour agreement, right to strike, and lockout ... 24 A. Rights of collective labour agreement and collective agreement ....................................................................... 24 B. Right to strike, and lockout ........................................... 25VII. Provision of fair wage ......................................................... 25VIII. Health, the environment and housing ................................ 26 A. Health services and protection of the environment ...... 26 B. Right to housing ............................................................. 26

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IX. Youth and sports ................................................................ 26 A. Protection of the youth .................................................. 26 B. Development of sports and arbitration ......................... 27X. Social security rights ........................................................... 27 A. Right to social security ................................................... 27 B. Persons requiring special protection in the field of social security ........................................................................... 27XI. Protection of historical, cultural and natural assets.......... 28XII. Protection of arts and artists .............................................. 28XIII. The extent of social and economic duties of the State ....... 28

CHAPTER FOUR Political Rights and Duties

I. Turkish citizenship ..............................................................29II. Right to vote, to be elected and to engage in political activity. ................................................................................ 29III. Provisions relating to political parties ............................... 30 A. Forming parties, membership and withdrawal from membership in a party ................................................... 30 B. Principles to be observed by political parties ................ 31IV. Right to enter public service ............................................... 32 A. Entry into public service ................................................ 32 B. Declaration of assets ...................................................... 33V. National service .................................................................. 33VI. Duty to pay taxes ................................................................ 33VII. Right of petition, right to information and appeal to the Ombudsperson ................................................................... 33

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PART THREE Fundamental Organs of the Republic

CHAPTER ONE Legislative Power

I. The Grand National Assembly of Turkey ...........................34 A. Composition .................................................................. 34 B. Eligibility to be a deputy ................................................ 35 C. Election term of the Grand National Assembly of Turkey ............................................................................ 35 D. Deferment of elections for the Grand National Assembly of Turkey and by-elections ............................................ 36 E. General administration and supervision of elections ... 36 F. Provisions relating to membership ............................... 37 1. Representing the nation ............................................ 37 2. Oath-taking ............................................................... 37 3. Activities incompatible with membership ............... 38 4. Parliamentary immunity .......................................... 38 5. Loss of membership .................................................. 39 6. Application for annulment ....................................... 40 7. Salaries and travel allowances ................................... 40II. Duties and powers of the Grand National Assembly of Turkey ................................................................................. 40 A. General .......................................................................... 40 B. Introduction and deliberation of bills .......................... 41 C. Promulgation of laws by the President of the Republic .. 41 D. Ratification of international treaties ............................. 41 E. Authorization to issue decrees having the force of law ... 42 F. Declaration of state of war and authorization to deploy . the armed forces ............................................................. 43

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III. Provisions relating to the activities of the Grand National Assembly of Turkey ............................................. 44 A. Convening and recess .................................................... 44 B. Bureau of the Assembly ................................................. 44 C. Rules of Procedure, political party groups and security affairs .............................................................................. 45 D. Quorums and majority for decisions ............................ 46 E. Publicity and publication of debates ............................. 46IV. Ways of obtaining information and supervision by the Grand National Assembly of Turkey ................................. 46 A. General ........................................................................... 46 B. Censure ........................................................................... 47 C. Parliamentary investigation .......................................... 47

CHAPTER TWO The Executive Power

I. President of the Republic ................................................... 48 A. Qualifications and impartiality .................................... 48 B. Election .......................................................................... 49 C. Oath-taking .................................................................... 50 D. Duties and powers .......................................................... 50 E. Presidential accountability and non-accountability ..... 52 F. Acting for the President of the Republic ....................... 52 G. General Secretariat of the President of the Republic .... 53 H. State Supervisory Council .............................................. 53II. Council of Ministers ........................................................... 53 A. Formation ...................................................................... 53 B. Taking office and vote of confidence ............................. 54 C. Vote of confidence while in office ................................. 54 D. Functions and political responsibilities ........................ 54 E. The formation of ministries, and ministers .................. 55

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F. Provisional Council of Ministers during elections ....... 55 G. Regulations..................................................................... 56 H. Renewal of elections to the Grand National Assembly of Turkey by the President of the Republic ....................... 56 1. Offices of Commander-in-Chief and Chief of the General Staff .............................................................. 57 2. National Security Council ......................................... 57III. Extraordinary administration procedures ........................ 58 A. States of emergency ........................................................ 58 1. Declaration of state of emergency because of natural disaster or serious economic crisis ........................... 58 2. Declaration of state of emergency because of widespread acts of violence and serious deterioration of public order ........................................................... 58 3. Rules regarding the states of emergency .................. 59 B. Martial law, mobilization and state of war ................... 59IV. Administration ................................................................... 61 A. Fundamentals of the administration ............................ 61 1. Integrity of the administration and public legal personality ................................................................ 61 2. By-laws ....................................................................... 61 B. Judicial review ................................................................ 61 C. Establishment of the administration............................. 62 1. Central administration ............................................. 62 2. Local administrations ............................................... 62 D. Provisions relating to public servants ........................... 63 1. General principles .................................................... 63 2. Duties and responsibilities, and guarantees in disciplinary proceedings ........................................... 64 E. Institutions of higher education and their higher bodies ............................................................................. 64

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1. Institutions of higher education ............................... 64 2. Superior bodies of higher education ........................ 66 3. Institutions of higher education subject to special provisions .................................................................. 67 F. Radio and Television Supreme Council, institutions of radio and television, and public affiliated news agencies .......................................................................... 67 G. The Atatrk High Institution of Culture, Language and History ............................................................................ 67 H. Professional organizations having the characteristics of public institutions .......................................................... 68 I. Presidency of Religious Affairs ..................................... 69 J. Unlawful order ............................................................... 69

CHAPTER THREE Judicial Power

I. General provisions .............................................................. 70 A. Independence of the courts............................................ 70 B. Security of tenure of judges and public prosecutors ..... 70 C. Judges and public prosecutors ....................................... 70 D. Publicity of hearings and the necessity of justification for verdicts ..................................................................... 71 E. Formation of courts ....................................................... 72 F. State Security Courts ..................................................... 72 G. Supervision of judicial services ...................................... 72 H. Military justice ............................................................... 72II. Higher courts ...................................................................... 73 A. Constitutional Court ..................................................... 73 1. Formation .................................................................. 73 2. Term of office of the members and termination of ..... membership ............................................................... 75 3. Functions and powers ............................................... 75

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4. Procedure of functioning and trial .......................... 77 5. Annulment action ..................................................... 78 6. Time limit for annulment action .............................. 78 7. Claim of unconstitutionality before other courts .... 78 8. Decisions of the Constitutional Court ..................... 79 B. High Court of Appeals ................................................... 80 C. Council of State .............................................................. 80 D. High Military Court of Appeals .................................... 81 E. High Military Administrative Court ............................. 82 F. Court of Jurisdictional Disputes ................................... 82III. High Council of Judges and Prosecutors ........................... 83IV. Court of Accounts .............................................................. 86

PART FOUR Financial and Economic Provisions

CHAPTER ONE Financial Provisions

I. Budget ................................................................................. 87 A. Preparation and implementation of the budget ........... 87 B. Debate on the budget ..................................................... 87 C. Principles governing budgetary amendments .............. 88 D. Final accounts ................................................................ 88 E. Scrutiny of state economic enterprises .......................... 89

CHAPTER TWO Economic Provisions

I. Planning; Economic and Social Council ............................ 89II. Supervision of markets and regulation of foreign trade ... 90III. Exploration and exploitation of natural resources............ 90IV. Forests and the forest villagers ........................................... 90

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A. Protection and development of forests ......................... 90 B. Protection of forest villagers ......................................... 91V. Developing cooperativism .................................................. 91VI. Protection of consumers, tradespeople and artisans ......... 92 A. Protection of consumers ................................................ 92 B. Protection of tradespeople and artisans ........................ 92

PART FIVE Miscellaneous Provisions

I. Preservation of Reform Laws ............................................. 92

PART SIX Provisional Articles

PROVISIONAL ARTICLE 1 ................................................... 93PROVISIONAL ARTICLE 2 ................................................... 93PROVISIONAL ARTICLE 3 ................................................... 95PROVISIONAL ARTICLE 4 ................................................... 95PROVISIONAL ARTICLE 5 ................................................... 95PROVISIONAL ARTICLE 6 ................................................... 95PROVISIONAL ARTICLE 7 ................................................... 95PROVISIONAL ARTICLE 8 .................................................... 95PROVISIONAL ARTICLE 9 .................................................... 96PROVISIONAL ARTICLE 10 .................................................... 96PROVISIONAL ARTICLE 11 .................................................... 96PROVISIONAL ARTICLE 12 ..................................................... 96PROVISIONAL ARTICLE 13 ..................................................... 97PROVISIONAL ARTICLE 14 ..................................................... 97PROVISIONAL ARTICLE 15 ..................................................... 97

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PROVISIONAL ARTICLE 16 ................................................... 97PROVISIONAL ARTICLE 17 ................................................... 97PROVISIONAL ARTICLE 18 ................................................... 98PROVISIONAL ARTICLE 19 ................................................. 100

PART SEVEN Final Provisions

I. Amending the Constitution, participation in elections and referenda .................................................................... 104II. Preamble and headings of articles ................................... 105III. Entry into force of the Constitution ................................ 106

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CONSTITUTION OF THE REPUBLICOF TURKEY1

PREAMBLE(As amended on July 23, 1995; Act No. 4121)Affirming the eternal existence of the Turkish Motherland and

Nation and the indivisible unity of the Sublime Turkish State, this Constitution, in line with the concept of nationalism introduced by the founder of the Republic of Turkey, Atatrk, the immortal leader and the unrivalled hero, and his reforms and principles;

Determining to attain the everlasting existence, prosperity, material and spiritual well-being of the Republic of Turkey, and the standards of contemporary civilization as an honourable member with equal rights of the family of world nations;

The absolute supremacy of the will of the nation, the fact that sovereignty is vested fully and unconditionally in the Turkish Nation and that no individual or body empowered to exercise this sovereignty in the name of the nation shall deviate from the liberal democracy indicated in the Constitution and the legal system instituted according to its requirements,

The separation of powers, which does not imply an order of precedence among the organs of the State, but refers solely to the exercising of certain state powers and discharging of duties, and is limited to a civilized cooperation and division of functions; and the fact that only the Constitution and the laws have the supremacy;

(As amended on October 3, 2001; Act No. 4709) That no protection shall be accorded to an activity contrary to Turkish national interests, Turkish existence and the principle of its indivisibility with

1 The Constitution was adopted by the Constituent Assembly on October 18, 1982 to be submitted to referendum and published in the Official Gazette dated October 20, 1982 and numbered 17844; republished in the repeating Official Gazette dated November 9, 1982 and numbered 17863 in the aftermath of its submission to referendum on November 7, 1982 (Act No. 2709).

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its State and territory, historical and moral values of Turkishness; the nationalism, principles, reforms and civilizationism of Atatrk and that sacred religious feelings shall absolutely not be involved in state affairs and politics as required by the principle of secularism;

That every Turkish citizen has an innate right and power, to lead an honourable life and to improve his/her material and spiritual well-being under the aegis of national culture, civilization, and the rule of law, through the exercise of the fundamental rights and freedoms set forth in this Constitution, in conformity with the requirements of equality and social justice;

That all Turkish citizens are united in national honour and pride, in national joy and grief, in their rights and duties regarding national existence, in blessings and in burdens, and in every manifestation of national life, and that they have the right to demand a peaceful life based on absolute respect for one anothers rights and freedoms, mutual love and fellowship, and the desire for and belief in Peace at home; peace in the world;

With these IDEAS, BELIEFS, and RESOLUTIONS to be interpreted and implemented accordingly, thus commanding respect for, and absolute loyalty to, its letter and spirit;

Has been entrusted by the TURKISH NATION to the democracy-loving Turkish sons and daughters love for the motherland and nation.

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PART ONE General Principles

I. Form of the StateARTICLE 1- The State of Turkey is a Republic.II. Characteristics of the RepublicARTICLE 2- The Republic of Turkey is a democratic,

secular and social state governed by rule of law, within the notions of public peace, national solidarity and justice, respecting human rights, loyal to the nationalism of Atatrk, and based on the fundamental tenets set forth in the preamble.

III. Integrity, official language, flag, national anthem, and capital of the State

ARTICLE 3- The State of Turkey, with its territory and nation, is an indivisible entity. Its language is Turkish.

Its flag, the form of which is prescribed by the relevant law, is composed of a white crescent and star on a red background.

Its national anthem is the Independence March.Its capital is Ankara.IV. Irrevocable provisionsARTICLE 4- The provision of Article 1 regarding the form

of the State being a Republic, the characteristics of the Republic in Article 2, and the provisions of Article 3 shall not be amended, nor shall their amendment be proposed.

V. Fundamental aims and duties of the StateARTICLE 5- The fundamental aims and duties of the

State are to safeguard the independence and integrity of the Turkish Nation, the indivisibility of the country, the Republic and democracy, to ensure the welfare, peace, and happiness of the individual and society; to strive for the removal of political, economic, and social obstacles which restrict the fundamental rights and freedoms of the individual in a manner incompatible with the principles of justice and of the social state governed by rule of law; and to provide the conditions required for the development of the individuals material and spiritual existence.

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VI. SovereigntyARTICLE 6- Sovereignty belongs to the Nation without any

restriction or condition.The Turkish Nation shall exercise its sovereignty through the

authorized organs, as prescribed by the principles set forth in the Constitution.

The exercise of sovereignty shall not be delegated by any means to any individual, group or class. No person or organ shall exercise any state authority that does not emanate from the Constitution.

VII. Legislative powerARTICLE 7- Legislative power is vested in the Grand

National Assembly of Turkey on behalf of Turkish Nation. This power shall not be delegated.

VIII. Executive power and functionARTICLE 8- Executive power and function shall be

exercised and carried out by the President of the Republic and the Council of Ministers in conformity with the Constitution and laws.

IX. Judicial powerARTICLE 9- Judicial power shall be exercised by

independent courts on behalf of the Turkish Nation.X. Equality before the lawARTICLE 10- Everyone is equal before the law without

distinction as to language, race, colour, sex, political opinion, philosophical belief, religion and sect, or any such grounds.

(Paragraph added on May 7, 2004; Act No. 5170) Men and women have equal rights. The State has the obligation to ensure that this equality exists in practice. (Sentence added on September 12, 2010; Act No. 5982) Measures taken for this purpose shall not be interpreted as contrary to the principle of equality.

(Paragraph added on September 12, 2010; Act No. 5982) Measures to be taken for children, the elderly, disabled people, widows and orphans of martyrs as well as for the invalid and veterans shall not be considered as violation of the principle of equality.

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No privilege shall be granted to any individual, family, group or class.

State organs and administrative authorities are obliged to act in compliance with the principle of equality before the law in all their proceedings.2

XI. Supremacy and binding force of the ConstitutionARTICLE 11- The provisions of the Constitution are

fundamental legal rules binding upon legislative, executive and judicial organs, and administrative authorities and other institutions and individuals.

Laws shall not be contrary to the Constitution.

PART TWO Fundamental Rights and Duties

CHAPTER ONE General Provisions

I. Nature of fundamental rights and freedomsARTICLE 12- Everyone possesses inherent fundamental

rights and freedoms, which are inviolable and inalienable.The fundamental rights and freedoms also comprise the duties

and responsibilities of the individual to the society, his/her family, and other individuals.

II. Restriction of fundamental rights and freedomsARTICLE 13- (As amended on October 3, 2001; Act No.

4709)Fundamental rights and freedoms may be restricted only by

law and in conformity with the reasons mentioned in the relevant articles of the Constitution without infringing upon their essence.

2 The phrase and in benefiting from all kinds of public services was added after the phrase in all their proceedings by the first Article of Act No. 5735 dated February 9, 2008 and annulled by the decision of the Constitutional Court dated June 5, 2008 numbered E. 2008/16, K. 2008/116 (Official Gazette numbered 27032 of October 22, 2008).

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These restrictions shall not be contrary to the letter and spirit of the Constitution and the requirements of the democratic order of the societyand the secular republic andthe principle of proportionality.

III. Prohibition of abuse of fundamental rights and freedoms

ARTICLE 14- (As amended on October 3, 2001; Act No. 4709)

None of the rights and freedoms embodied in the Constitution shall be exercised in the form of activities aiming to violate the indivisible integrity of the State with its territory and nation, and to endanger the existence of the democratic and secular order of the Republic based on human rights.

No provision of this Constitution shall be interpreted in a manner that enables the State or individuals to destroy the fundamental rights and freedoms recognized by the Constitutionor to stage an activity with the aim of restricting them more extensively than stated in the Constitution.

The sanctions to be applied against those who perpetrateactivities contrary to these provisions shall be determined by law.

IV. Suspension of the exercise of fundamental rights and freedoms

ARTICLE 15- In times of war, mobilization, martial law, or a state of emergency, the exercise of fundamental rights and freedoms may be partially or entirely suspended, or measures derogating the guarantees embodied in the Constitution may be taken to the extent required by the exigencies of the situation, as long as obligations under international law are not violated.

(As amended onMay 7, 2004; Act No. 5170) Even under the circumstances indicated in the first paragraph, the individuals right to life, the integrity of his/her corporeal and spiritual existence shall be inviolable except where death occurs through acts in conformity with law of war; no one shall be compelled to reveal his/her religion, conscience, thought or opinion, nor be accused on account of them; offences and penalties shall not be made retroactive; nor shall anyone be held guilty until so proven by a court ruling.

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V. Status of aliensARTICLE 16- The fundamental rights and freedoms in respect

to aliens may be restricted by law compatible with international law.

CHAPTER TWO Rights and Duties of the Individual

I. Personal inviolability, corporeal and spiritual existence of the individual

ARTICLE 17- Everyone has the right to life and the right to protect and improve his/her corporeal and spiritual existence.

The corporeal integrity of the individual shall not be violated except under medical necessity and in cases prescribed by law; and shall not be subjected to scientific or medical experiments without his/her consent.

No one shall be subjected to torture or mal-treatment; no one shall be subjected to penalties or treatment incompatible with human dignity.

(As amended onMay 7, 2004; Act No. 5170) The act of killing in case of self-defence and, when permitted by law as a compelling measure to use a weapon, during the execution of warrants of capture and arrest, the prevention of the escape of lawfully arrested or convicted persons, the quelling of riot or insurrection, or carrying out the orders of authorized bodies during martial law or state of emergency, do not fall within the scope of the provision of the first paragraph.

II. Prohibition of forced labourARTICLE 18- No one shall be forced to work. Forced labour

is prohibited.Work required of an individual while serving a sentence or

under detention provided that the form and conditions of such labour are prescribed by law; services required from citizens during a state of emergency; and physical or intellectual work necessitated by the needs of the country as a civic obligation shall not be considered as forced labour.

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III. Personal liberty and securityARTICLE 19- Everyone has the right to personal liberty and

security. No one shall be deprived of his/her liberty except in the following

cases where procedure and conditions are prescribed by law: Execution of sentences restricting liberty and the

implementation of security measures decided by courts; arrest or detention of an individual in line with a court ruling or an obligation upon him designated by law; execution of an order for the purpose of the educational supervision of a minor, or for bringing him/her before the competent authority; execution of measures taken in conformity with the relevant provisions of law for the treatment, education or rehabilitation of a person of unsound mind, an alcoholic, drug addict, vagrant, or a person spreading contagious diseases to be carried out in institutions when such persons constitute a danger to the public; arrest or detention of a person who enters or attempts to enter illegally into the country or for whom a deportation or extradition order has been issued.

Individuals against whom there is strong evidence of having committed an offence may be arrested by decision of a judge solely for the purposes of preventing escape, or preventing the destruction or alteration of evidence, as well as in other circumstances prescribed by law and necessitating detention. Arrest of a person without a decision by a judge may be executed only when a person is caught in flagrante delicto or in cases where delay is likely to thwart the course of justice; the conditions for such acts shall be defined by law.

Individuals arrested or detained shall be promptly notified, in all cases in writing, or orally when the former is not possible, of the grounds for their arrest or detention and the charges against them; in cases of offences committed collectively this notification shall be made, at the latest, before the individual is brought before a judge.

(As amended on October 3, 2001; Act No. 4709) The person arrested or detained shall be brought before a judge within at latest forty-eight hours and in case of offences committed collectively within at most four days, excluding the time required to send the individual to the court nearest to the place of arrest. No one can be deprived of his/her liberty without the decision of a judge after the expiry of the

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above specified periods. These periods may be extended during a state of emergency, martial law or in time of war.

(As amended onOctober 3, 2001; Act No. 4709) The next of kin shall be notified immediately when a person has been arrested or detained.

Persons under detention shall have the right to request trial within a reasonable time and to be released during investigation or prosecution. Release may be conditioned by a guarantee as to ensure the presence of the person at the trial proceedings or the execution of the court sentence.

Persons whose liberties are restricted for any reason are entitled to apply to the competent judicial authority for speedy conclusion of proceedings regarding their situation and for their immediate release if the restriction imposed upon them is not lawful.

(As amended on October 3, 2001; Act No. 4709) Damage suffered by persons subjected to treatment other than these provisions shall be compensated by the State in accordance with the general principles of the compensation law.

IV. Privacy and protection of private lifeA. Privacy of private lifeARTICLE 20- Everyone has the right to demand respect for

his/her private and family life. Privacy of private or family life shall not be violated. (Sentence repealed on May 3, 2001; Act No. 4709)

(As amended on October 3, 2001; Act No. 4709) Unless there exists a decision duly given by a judge on one or several of the grounds of national security, public order, prevention of crime, protection of public health and public morals, or protection of the rights and freedoms of others, or unless there exists a written order of an agency authorized by law, in cases where delay is prejudicial, again on the above-mentioned grounds, neither the person, nor the private papers, nor belongings of an individual shall be searched nor shall they be seized. The decision of the competent authority shall be submitted for the approval of the judge having jurisdiction within twenty-four hours. The judge shall announce his decision within forty-eight hours from the time of seizure; otherwise, seizure shall automatically be lifted.

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(Paragraph added on September 12, 2010; Act No. 5982) Everyone has the right to request the protection of his/her personal data. This right includes being informed of, having access to and requesting the correction and deletion of his/her personal data, and to be informed whether these are used in consistency with envisaged objectives. Personal data can be processed only in cases envisaged by law or by the persons explicit consent. The principles and procedures regarding the protection of personal data shall be laid down in law.

B. Inviolability of the domicileARTICLE 21- (As amended on October 3, 2001; Act No.

4709) The domicile of an individual shall not be violated. Unless

there exists a decision duly given by a judge on one or several of the grounds of national security, public order, prevention of crime, protection of public health and public morals, or protection of the rights and freedoms of others, or unless there exists a written order of an agency authorized by law in cases where delay is prejudicial, again on these grounds, no domicile may be entered or searched or the property seized therein. The decision of the competent authority shall be submitted for the approval of the judgehaving jurisdiction within twenty-four hours. The judge shall announce his decision within forty-eight hours from the time of seizure; otherwise, seizure shall be automatically lifted.

C. Freedom of communicationARTICLE 22- (As amended on October 3, 2001; Act No.

4709) Everyone has the freedom of communication. Privacy of

communication is fundamental. Unless there exists a decision duly given by a judge on one or

several of the grounds of national security, public order, prevention of crime, protection ofpublic health and public morals, or protection of the rights and freedoms of others, or unless there exists a written order of an agency authorized by law in cases where delay is prejudicial, again on the above-mentioned grounds, communication shall not be impeded nor its privacy be violated. The decision of the competent authority shall be submitted for the approval of the judge having jurisdiction within twenty-four hours. The judge shall announce his

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decision within forty-eight hours from the time of seizure; otherwise, seizure shall be automatically lifted.

Public institutions and agencies where exceptions may be applied are prescribed in law.

V. Freedom of residence and movementARTICLE 23- Everyone has the freedom of residence and

movement.Freedom of residence may be restricted by law for the purpose

of preventing crimes, promoting social and economic development, achieving sound and orderly urbanization, and protecting public property.

Freedom of movement may be restricted by law for the purpose of investigation and prosecution of an offence, and prevention of crimes.

(As amended on October 3, 2001; Act No. 4709, and as amended on September 12, 2010; Act No. 5982) A citizens freedom to leave the country may be restricted only by the decision of a judge based on a criminal investigation or prosecution.

Citizens shall not be deported, or deprived of their right of entry into the homeland.

VI. Freedom of religion and conscienceARTICLE 24- Everyone has the freedom of conscience,

religious belief and conviction.Acts of worship, religious rites and ceremonies shall be

conducted freely, as long as they do not violate the provisions of Article 14.

No one shall be compelled to worship, or to participate in religious rites and ceremonies, or to reveal religious beliefs and convictions, or be blamed or accused because of his religious beliefs and convictions.

Religious and moral education and instruction shall be conducted under state supervision and control. Instruction in religious culture and morals shall be one of the compulsory lessons in the curricula of primary and secondary schools. Other religious education and instruction shall be subject to the individuals

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own desire, and in the case of minors, to the request of their legal representatives.

No one shall be allowed to exploit or abuse religion or religious feelings, or things held sacred by religion, in any manner whatsoever, for the purpose of personal or political interest or influence, or for even partially basing the fundamental, social, economic, political, and legal order of the State on religious tenets.

VII. Freedom of thought and opinionARTICLE 25- Everyone has the freedom of thought and

opinion. No one shall be compelled to reveal his/her thoughts and

opinions for any reason or purpose; nor shall anyone be blamed or accused because of his/her thoughts and opinions.

VIII. Freedom of expression and dissemination of thoughtARTICLE 26- Everyone has the right to express and

disseminate his/her thoughts and opinions by speech, in writing or in pictures or through other media, individually or collectively. This freedom includes the liberty of receiving or imparting information or ideas without interference by official authorities. This provision shall not preclude subjecting transmission by radio, television, cinema, or similar means to a system of licensing.

(As amended on October 3, 2001; Act No. 4709) The exercise of these freedoms may be restricted for the purposes of national security, public order, public safety, safeguarding the basic characteristics of the Republic and the indivisible integrity of the State with its territory and nation, preventing crime, punishing offenders, withholding information duly classified as a state secret, protecting the reputation or rights and private and family life of others, or protecting professional secrets as prescribed by law, or ensuring the proper functioning of the judiciary.

(Repealed on October 3, 2001; Act No. 4709) Regulatory provisions concerning the use of means to

disseminate information and thoughts shall not be deemed as the restriction of freedom of expression and dissemination of thoughts as long as the transmission of information and thoughts is not prevented.

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(Paragraph added on October 3, 2001; Act No. 4709) The formalities, conditions and procedures to be applied in exercising the freedom of expression and dissemination of thought shall be prescribed by law.

IX. Freedom of science and the artsARTICLE 27- Everyone has the right to study and teach,

express, and disseminate science and the arts, and to carry out research in these fields freely.

The right to disseminate shall not be exercised for the purpose of changing the provisions of articles 1, 2 and 3 of the Constitution.

The provision of this article shall not preclude regulation by law of the entry and distribution of foreign publications in the country.

X. Provisions relating to the press and publicationA. Freedom of the pressARTICLE 28- The press is free, and shall not be censored.

The establishment of a printing house shall not be subject to prior permission or the deposit of a financial guarantee.

(Repealed on October 3, 2001; Act No. 4709) The State shall take the necessary measures to ensure freedom of

the press and information.In the limitation of freedom of the press, the provisions of

articles 26 and 27 of the Constitution shall apply.Anyone who writes any news or articles which threaten the

internal or external security of the State or the indivisible integrity of the State with its territory and nation, which tend to incite offence, riot or insurrection, or which refer to classified state secrets or has them printed, and anyone who prints or transmits such news or articles to others for the purposes above, shall be held responsible under the law relevant to these offences. Distribution may be prevented as a precautionary measure by the decision of a judge, or in case delay is deemed prejudicial, by the competent authority explicitly designated by law. The authority preventing the distribution shall notify a competent judge of its decision within twenty-four hours at the latest. The order preventing distribution shall become null and void unless upheld by a competent judge within forty-eight hours at the latest.

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No ban shall be placed on the reporting of events, except by the decision of judge issued within the limits specified by law, to ensure proper functioning of the judiciary.

Periodical and non-periodical publications may be seized by a decision of a judge in cases of ongoing investigation or prosecution of crimes specified by law; or by order of the competent authority explicitly designated by law, in situations where delay may constitute a prejudice with respect to the protection of the indivisible integrity of the State with its territory and nation, national security, public order or public morals and for the prevention of crime. The competent authority issuing the order to seize shall notify a competent judge of its decision within twenty-four hours at the latest; the order to seize shall become null and void unless upheld by a judge within forty-eight hours at the latest.

General provisions shall apply when seizing and confiscating periodicals and non-periodicals for reasons of criminal investigation and prosecution.

Periodicals published in Turkey may be temporarily suspended by court ruling if found to contain material which contravenes the indivisible integrity of the State with its territory and nation, the fundamental principles of the Republic, national security and public morals. Any publication which clearly bears the characteristics of being a continuation of a suspended periodical is prohibited; and shall be seized by decision of a judge.

B. Right to publish periodicals and non-periodicalsARTICLE 29- Publication of periodicals or non-periodicals

shall not be subject to prior authorization or the deposit of a financial guarantee.

Submission of the information and documents specified by law to the competent authority designated by law is sufficient to publish a periodical. If these information and documents are found to contravene the laws, the competent authority shall apply to the court for suspension of publication.

The principles regarding the publication, the conditions of publication and the financial resources of periodicals, and the profession of journalism shall be regulated by law. The law shall not impose any political, economic, financial, and technical conditions

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obstructing or making difficult the free dissemination of news, thoughts, or opinions.

Periodicals shall have equal access to the means and facilities of the State, other public corporate bodies, and their agencies.

C. Protection of printing facilities ARTICLE 30- (As amended on May 7, 2004; Act No. 5170) A printing house and its annexes, duly established as a press

enterprise under law, and press equipment shall not be seized, confiscated, or barred from operation on the grounds of having been used in a crime.

D. Right to use media other than the press owned by public corporations

ARTICLE 31- Individuals and political parties have the right to use mass media and means of communication other than the press owned by public corporations. The conditions and procedures for such use shall be regulated by law.

(As amended on October 3, 2001; Act No. 4709) The law shall not impose restrictions preventing the public from receiving information or accessing ideas and opinions through these media, or preventing public opinion from being freely formed, on the grounds other than national security, public order, or the protection of public morals and health.

E. Right of rectification and replyARTICLE 32- The right of rectification and reply shall be

accorded only in cases where personal reputation and honour is injured or in case of publications of unfounded allegation and shall be regulated by law.

If a rectification or reply is not published, the judge decides, within seven days of appeal by the individual involved, whether or not this publication is required.

XI. Rights and freedoms of assemblyA. Freedom of associationARTICLE 33- (As amended on October 3, 2001; Act No.

4709)

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Everyone has the right to form associations, or become a member of an association, or withdraw from membership without prior permission.

No one shall be compelled to become or remain a member of an association.

Freedom of association may be restricted only by law on the grounds of national security, public order, prevention of commission of crime, public morals, public health and protecting the freedoms of other individuals.

The formalities, conditions, and procedures to be applied in the exercise of freedom of association shall be prescribed by law.

Associations may be dissolved or suspended from activity by the decision of a judge in cases prescribed by law. However, where it is required for, and a delay constitutes a prejudice to, national security, public order, prevention of commission or continuation of a crime, or an arrest, an authority may be vested with power by law to suspend the association from activity. The decision of this authority shall be submitted for the approval of the judge having jurisdiction within twenty-four hours. The judge shall announce his/her decision within forty-eight hours; otherwise, this administrative decision shall be annulled automatically.

Provisions of the first paragraph shall not prevent imposition of restrictions on the rights of armed forces and securityforces officials and civil servants to the extent that the duties of civil servants so require.

The provisions of this article shall also apply to foundations. B. Right to hold meetings and demonstration marchesARTICLE 34- (As amended on October 3, 2001; Act No.

4709) Everyone has the right to hold unarmed and peaceful meetings

and demonstration marches without prior permission.The right to hold meetings and demonstration marches shall

be restricted only by law on the grounds of national security, public order, prevention of commission of crime, protection of public health and public morals or the rights and freedoms of others.

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The formalities, conditions, and procedures to be applied in the exercise of the right to hold meetings and demonstration marches shall be prescribed by law.

XII. Right to propertyARTICLE 35- Everyone has the right to own and inherit

property.These rights may be limited by law only in view of public

interest.The exercise of the right to property shall not contravene public

interest.XIII. Provisions on the protection of rightsA. Freedom to claim rightsARTICLE 36- (As amended on October 3, 2001; Act

No. 4709) Everyone has the right of litigation either as plaintiff or defendant and the right to a fair trial before the courts through legitimate means and procedures.

No court shall refuse to hear a case within its jurisdiction.B. Principle of natural judgeARTICLE 37- No one may be tried by any judicial authority

other than the legally designated court. Extraordinary tribunals with jurisdiction that would in effect

remove a person from the jurisdiction of his legally designated court shall not be established.

C. Principles relating to offences and penaltiesARTICLE 38- No one shall be punished for any act which

does not constitute a criminal offence under the law in force at the time committed; no one shall be given a heavier penalty for an offence other than the penalty applicable at the time when the offence was committed.

The provisions of the above paragraph shall also apply to the statute of limitations on offences and penalties and on the results of conviction.

Penalties, and security measures in lieu of penalties, shall be prescribed only by law.

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No one shall be considered guilty until proven guilty in a court of law.

No one shall be compelled to make a statement that would incriminate himself/herself or his/her legal next of kin, or to present such incriminating evidence.

(Paragraph added on October 3, 2001; Act No. 4709) Findings obtained through illegal methods shall not be considered evidence.

Criminal responsibility shall be personal.(Paragraph added on October 3, 2001; Act No. 4709) No one

shall be deprived of his/her liberty merely on the ground of inability to fulfil a contractual obligation.

(Paragraph added on October 3, 2001; Act No. 4709, and repealed on May 7, 2004; Act No. 5170)

(As amended on May 7, 2004; Act No. 5170) Neither death penalty nor general confiscation shall be imposed as punishment.

The administration shall not impose any sanction resulting in restriction of personal liberty. Exceptions to this provision may be introduced by law regarding the internal order of the armed forces.

(As amended on May 7, 2004; Act No. 5170) No citizen shall be extradited to a foreign country because of an offence, except under obligations resulting from being a party to the International Criminal Court.

XIV. Right to prove an allegationARTICLE 39- In libel and defamation suits involving

allegations against persons in the public service in connection with their functions or services, the defendant has the right to prove the allegations. A plea for presenting proof shall not be granted in any other case, unless finding out whether the allegation is true or not would serve the public interest, or unless the plaintiff consents.

XV. Protection of fundamental rights and freedomsARTICLE 40- Everyone whose constitutional rights and

freedoms have been violated has the right to request prompt access to the competent authorities.

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(Paragraph added on October 3, 2001; Act No. 4709) The State is obliged to indicate in its proceedings, the legal remedies and authorities the persons concerned should apply and time limits of the applications.

Damages incurred to any person through unlawful treatment by public officials shall be compensated for by the State as per the law. The state reserves the right of recourse to the official responsible.

CHAPTER THREE Social and Economic Rights and Duties

I. Protection of the family, and childrens rights3

ARTICLE 41- (Paragraph added on October 3, 2001; Act No. 4709) Family is the foundation of the Turkish society and based on the equality between the spouses.

The State shall take the necessary measures and establish the necessary organization to protect peace and welfare of the family, especially mother and children, and to ensure the instruction of family planning and its practice.

(Paragraph added on September 12, 2010; Act No. 5982) Every child has the right to protection and care and the right to have and maintain a personal and direct relation with his/her mother and father unless it is contrary to his/her high interests.

(Paragraph added on September 12, 2010; Act No. 5982) The State shall take measures for the protection of the children against all kinds of abuse and violence.

II. Right and duty of educationARTICLE 42- No one shall be deprived of the right of

education.The scope of the right to education shall be defined and

regulated by law.Education shall be conducted along the lines of the principles

and reforms of Atatrk, based on contemporary scientific and

3 The phrase and childrens rights was added by the fourth Article of Act No. 5982 dated September 12, 2010.

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educational principles, under the supervision and control of the State. Educational institutions contravening these principles shall not be established.

The freedom of education does not relieve the individual from loyalty to the Constitution.

Primary education is compulsory for all citizens of both sexes and is free of charge in state schools.

The principles governing the functioning of private primary and secondary schools shall be regulated by law in keeping with the standards set for the state schools.

(Paragraph added on February 2, 2008; Act No. 5735, and annulled by the decision of the Constitutional Court dated June 5, 2008 numbered E. 2008/16, K. 2008/116)

The State shall provide scholarships and other means of assistance to enable students of merit lacking financial means to continue their education. The State shall take necessary measures to rehabilitate those in need of special education so as to render such people useful to society.

Training, education, research, and study are the only activities that shall be pursued at institutions of education. These activities shall not be obstructed in any way.

No language other than Turkish shall be taught as a mother tongue to Turkish citizens at any institution of education. Foreign languages to be taught in institutions of education and the rules to be followed by schools conducting education in a foreign language shall be determined by law. The provisions of international treaties are reserved.

III. Public interestA. Utilization of the coastsARTICLE 43- The coasts are under the authority and

disposal of the State.In the utilization of sea coasts, lake shores or river banks, and of

the coastal strip along the sea and lakes, public interest shall be taken into consideration with priority.

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The width of coasts and coastal strips according to the purpose of utilization and the conditions of utilization by individuals shall be determined by law.

B. Land ownershipARTICLE 44- The State shall take the necessary measures

to maintain and develop efficient land cultivation, to prevent its loss through erosion, and to provide land to farmers with insufficient land of their own, or no land. For this purpose, the law may define the size of appropriate land units, according to different agricultural regions and types of farming. Provision of land to farmers with no or insufficient land shall not lead to a fall in production, or to the depletion of forests and other land and underground resources.

Lands distributed for this purpose shall neither be divided nor be transferred to others, except through inheritance, and shall be cultivated only by the farmers to whom the lands have been distributed, and their heirs. In the event of loss of these conditions, the principles relating to the recovery by the State of the land thus distributed shall be prescribed by law.

C. Protection of agriculture, animal husbandry, and persons engaged in these activities

ARTICLE 45- The State facilitates farmers and livestock breeders in acquiring machinery, equipment and other inputs in order to prevent improper use and destruction of agricultural land, meadows and pastures and to increase crop and livestock production in accordance with the principles of agricultural planning.

The State shall take necessary measures for the utilization of crop and livestock products, and to enable producers to be paid the real value of their products.

D. ExpropriationARTICLE 46- (As amended on October 3, 2001; Act No.

4709) The State and public corporations shall be entitled, where

the public interest requires, to expropriate privately owned real estate wholly or in part and impose administrative servitude on it, in accordance with the principles and procedures prescribed by law, provided that the actual compensation is paid in advance.

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The compensation for expropriation and the amount regarding its increase rendered by a final judgment shall be paid in cash and in advance. However, the procedure to be applied for compensation for expropriated land for the purposes of carrying out agriculture reform, major energy and irrigation projects, and housing and resettlement schemes, afforestation, and protecting the coasts, and tourism shall be regulated by law. In the cases where the law may allow payment in instalments, the payment period shall not exceed five years, whence payments shall be made in equal instalments.

Compensation for the land expropriated from the small farmer who cultivates his/her own land shall be paid in advance in all cases.

An interest equivalent to the highest interest paid on public claims shall apply in the instalments envisaged in the second paragraph and expropriation costs not paid for any reason.

E. Nationalization and privatization4

ARTICLE 47- Private enterprises performing services of public nature may be nationalized in exigencies of public interest.

Nationalization shall be carried out on the basis of real value. The methods and procedures for calculating real value shall be prescribed by law.

(Paragraph added on August 13, 1999; Act No. 4446) Principles and rules concerning the privatization of enterprises and assets owned by the State, state economic enterprises, and other public corporate bodies shall be prescribed by law.

(Paragraph added on August 13, 1999; Act No. 4446) Those investments and services carried out by the State, state economic enterprises and other public corporate bodies, which could be performed by or delegated to persons or corporate bodies through private law contracts shall be determined by law.

IV. Freedom of work and contractARTICLE 48- Everyone has the freedom to work and

conclude contracts in the field of his/her choice. Establishment of private enterprises is free.

4 The phrase and privatization was added by the first Article of Act No. 4446 dated August 13, 1999.

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The State shall take measures to ensure that private enterprises operate in accordance with national economic requirements and social objectives and in security and stability.

V. Provisions relating to labourA. Right and duty to workARTICLE 49- Everyone has the right and duty to work.(As amended on October 3, 2001; Act No. 4709) The State shall

take the necessary measures to raise the standard of living of workers, and to protect workers and the unemployed in order to improve the general conditions of labour, to promote labour, to create suitable economic conditions for prevention of unemployment and to secure labour peace.

(Repealed on October 3, 2001; Act No. 4709)B. Working conditions and right to rest and leisureARTICLE 50- No one shall be required to perform work

unsuited to his/her age, sex, and capacity.Minors, women, and physically and mentally disabled persons,

shall enjoy special protection with regard to working conditions.All workers have the right to rest and leisure.Rights and conditions relating to paid weekends and holidays,

together with paid annual leave, shall be regulated by law.C. Right to organize unionsARTICLE 51- (As amended on October 3, 2001; Act No.

4709) Employees and employers have the right to form unions and

higher organizations, without prior permission, and they also possess the right to become a member of a union and to freely withdraw from membership, in order to safeguard and develop their economic and social rights and the interests of their members in their labour relations. No one shall be forced to become a member of a union or to withdraw from membership.

The right to form a union shall be solely restricted by law on the grounds of national security, public order, prevention of commission

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of crime, public health, public morals and protecting the rights and freedoms of others.

The formalities, conditions and procedures to be applied in exercising the right to form union shall be prescribed by law.

(Repealed on September 12, 2010; Act No. 5982) The scope, exceptions and limits of the rights of civil servants

who do not have a worker status are prescribed by law in line with the characteristics of their services.

The regulations, administration and functioning of unions and their higher bodies shall not be inconsistent with the fundamental characteristics of the Republic and principles of democracy.

D. Activities of unionsARTICLE 52- (Repealed on July 23, 1995; Act No. 4121)VI. Collective labour agreement, right to strike, and lockoutA. Rights of collective labour agreement and collective

agreement5

ARTICLE 53- Workers and employers have the right to conclude collective labour agreements in order to regulate reciprocally their economic and social position and conditions of work.

The procedure to be followed in concluding collective labour agreements shall be regulated by law.

(Paragraph added on July 23, 1995; Act No. 4121, and repealed on September 12, 2010; Act No. 5982)

(Repealed on September 12, 2010; Act No. 5982) (Paragraph added on September 12, 2010; Act No. 5982) Public

servants and other public employees have the right to conclude collective agreements.

(Paragraph added on September 12, 2010; Act No. 5982) The parties may apply to the Public Servants Arbitration Board if a disagreement arises during the process of collective agreement. The

5 The phrase and collective agreement was added by the sixth Article of Act No. 5982 dated September 12, 2010.

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decisions of the Public Servants Arbitration Board shall be final and have the force of a collective agreement.

(Paragraph added on September 12, 2010; Act No. 5982) The scope of and the exceptions to the right of collective agreement, the persons to benefit from and the form, procedure and entry into force of collective agreement and the extension of the provisions of collective agreement to those retired, as well as the organization and operating procedures and principles of the Public Servants Arbitration Board and other matters shall be laid down in law.

B. Right to strike, and lockoutARTICLE 54- Workers have the right to strike during the

collective bargaining process if a disagreement arises. The procedures and conditions governing the exercise of this right and the employers recourse to a lockout, the scope of, and the exceptions to them shall be regulated by law.

The right to strike and lockout shall not be exercised in a manner contrary to the rules of goodwill, to the detriment of society, and in a manner damaging national wealth.

(Repealed on September 12, 2010; Act No. 5982)The circumstances and workplaces in which strikes and lockouts

may be prohibited or postponed shall be regulated by law.In cases where a strike or a lockout is prohibited or postponed,

the dispute shall be settled by the Supreme Arbitration Board at the end of the period of postponement. The disputing parties may apply to the Supreme Arbitration Board by mutual agreement at any stage of the dispute. The decisions of the Supreme Arbitration Board shall be final and have the force of a collective labour agreement.

The organization and functions of the Supreme Arbitration Board shall be regulated by law.

(Repealed on September 12, 2010; Act No. 5982)Those who refuse to go on strike shall in no way be barred from

working at their workplace by strikers.VII. Provision of fair wageARTICLE 55- Wages shall be paid in return for work.

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The state shall take the necessary measures to ensure that workers earn a fair wage commensurate with the work they perform and that they enjoy other social benefits.

(As amended on October 3, 2001; Act No. 4709) In determining the minimum wage, the living conditions of the workers and the economic situation of the country shall also be taken into account.

VIII. Health, the environment and housingA. Health services and protection of the environmentARTICLE 56- Everyone has the right to live in a healthy and

balanced environment.It is the duty of the State and citizens to improve the natural

environment, to protect the environmental health and to prevent environmental pollution.

The State shall regulate central planning and functioning of the health services to ensure that everyone leads a healthy life physically and mentally, and provide cooperation by saving and increasing productivity in human and material resources.

The State shall fulfil this task by utilizing and supervising the health and social assistance institutions, in both the public and private sectors.

In order to establish widespread health services, general health insurance may be introduced by law.

B. Right to housingARTICLE 57- The State shall take measures to meet the need

for housing within the framework of a plan that takes into account the characteristics of cities and environmental conditions, and also support community housing projects.

IX. Youth and sportsA. Protection of the youthARTICLE 58- The State shall take measures to ensure the

education and development of the youth into whose keeping our independence and our Republic are entrusted, in the light of positive science, in line with the principles and reforms of Atatrk, and

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in opposition to ideas aiming at the destruction of the indivisible integrity of the State with its territory and nation.

The State shall take necessary measures to protect youth from addiction to alcohol and drugs, crime, gambling, and similar vices, and ignorance.

B. Development of sports and arbitration6

ARTICLE 59- The State shall take measures to develop the physical and mental health of Turkish citizens of all ages, and encourage the spread of sports among the masses.

The state shall protect successful athletes.(Paragraph added on March 17, 2011; Act No. 6214) The

decisions of sport federations relating to administration and discipline of sportive activities may be challenged only through compulsory arbitration. The decisions of Board of Arbitration are final and shall not be appealed to any judicial authority.

X. Social security rightsA. Right to social securityARTICLE 60- Everyone has the right to social security.The State shall take the necessary measures and establish the

organisation for the provision of social security.B. Persons requiring special protection in the field of social

securityARTICLE 61- The State shall protect the widows and

orphans of martyrs of war and duty, together with invalid and war veterans, and ensure that they enjoy a decent standard of living.

The State shall take measures to protect the disabled and secure their integration into community life.

The aged shall be protected by the State. State assistance to, and other rights and benefits of the aged shall be regulated by law.

The State shall take all kinds of measures for social resettlement of children in need of protection.

6 The phrase and arbitration was added by the first Article of Act No. 6214 dated March 17, 2011.

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To achieve these aims the State shall establish the necessary organizations or facilities, or arrange for their establishment.

C. Turkish citizens working abroadARTICLE 62- The State shall take the necessary measures to

ensure family unity, the education of the children, the cultural needs, and the social security of Turkish citizens working abroad, and to safeguard their ties with the home country and to help them on their return home.

XI. Protection of historical, cultural and natural assetsARTICLE 63- The State shall ensure the protection of the

historical, cultural and natural assets and wealth, and shall take supportive and promotive measures towards that end.

Any limitations to be imposed on such privately owned assets and wealth and the compensation and exemptions to be accorded to the owners of such, because of these limitations, shall be regulated by law.

XII. Protection of arts and artistsARTICLE 64- The State shall protect artistic activities and

artists. The State shall take the necessary measures to protect, promote and support works of art and artists, and encourage the spread of appreciation for the arts.

XIII. The extent of social and economic duties of the State7

ARTICLE 65- (As amended on October 3, 2001; Act No. 4709)

The State shall fulfil its duties as laid down in the Constitution in the social and economic fields within the capacity of its financial resources, taking into consideration the priorities appropriate with the aims of these duties.

7 The heading of this Article, which was stipulated as XIII. Limits of social and economic rights, was amended by the twenty second Article of Act No. 4709 dated October 3, 2001.

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CHAPTER FOUR Political Rights and Duties

I. Turkish citizenshipARTICLE 66- Everyone bound to the Turkish State through

the bond of citizenship is a Turk.The child of a Turkish father or a Turkish mother is a Turk.

(Sentence repealed on October 3, 2001; Act No. 4709)Citizenship can be acquired under the conditions stipulated by

law, and shall be forfeited only in cases determined by law.No Turk shall be deprived of citizenship, unless he/she commits

an act incompatible with loyalty to the motherland.Recourse to the courts in appeal against the decisions and

proceedings related to the deprivation of citizenship shall not be denied.

II. Right to vote, to be elected and to engage in political activity.

ARTICLE 67- In conformity with the conditions set forth in the law, citizens have the right to vote, to be elected, to engage in political activities independently or in a political party, and to take part in a referendum.

(As amended on July 23, 1995; Act No. 4121) Elections and referenda shall be held under the direction and supervision of the judiciary, in accordance with the principles of free, equal, secret, direct, universal suffrage, and public counting of the votes. However, the law determines applicable measures for Turkish citizens abroad to exercise their right to vote.

(As amended on May 17, 1987; Act No. 3361, and on July 23, 1995; Act No. 4121)All Turkish citizens over eighteen years of age shall have the right to vote in elections and to take part in referenda.

The exercise of these rights shall be regulated by law.(As amended on July 23, 1995; Act No. 4121, and on October

3, 2001; Act No. 4709) Privates and corporals at arms, cadets, and convicts in penal execution institutions excluding those convicted of negligent offences shall not vote. The necessary measures to be taken to ensure the safety of voting and the counting of the votes in penal

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execution institutions and prisons shall be determined by the Supreme Board of Election; such voting is held under the on-site direction and supervision of authorized judge.

(Paragraph added on July 23, 1995; Act No. 4121) The electoral laws shall be drawn up so as to reconcile the principles of fair representation and stability of government.

(Paragraph added on October 3, 2001; Act No. 4709) Amendments to the electoral laws shall not apply to the elections to be held within one year from the entry into force date of the amendments.

III. Provisions relating to political partiesA. Forming parties, membership and withdrawal from

membership in a partyARTICLE 68- (As amended on July 23, 1995; Act No. 4121) Citizens have the right to form political parties and duly join

and withdraw from them. One must be over eighteen years of age to become a member of a party.

Political parties are indispensable elements of democratic political life.

Political parties shall be formed without prior permission, and shall pursue their activities in accordance with the provisions set forth in the Constitution and laws.

The statutes and programs, as well as the activities of political parties shall not be contrary to the independence of the State, its indivisible integrity with its territory and nation, human rights, the principles of equality and rule of law, sovereignty of the nation, the principles of the democratic and secular republic; they shall not aim to promote or establish class or group dictatorship or dictatorship of any kind, nor shall they incite citizens to crime.

Judges and prosecutors, members of higher judicial organs including those of the Court of Accounts, civil servants in public institutions and organizations, other public servants who are not considered to be labourers by virtue of the services they perform, members of the armed forces and students who are not yet in higher education, shall not become members of political parties.

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The membership of the teaching staff at higher education to political parties is regulated by law. This law shall not allow those members to assume responsibilities outside the central organs of the political parties and it also sets forth the regulations which the teaching staff at higher education institutions shall observe as members of political parties in the higher education institutions.

The principles concerning the membership of students at higher education to political parties are regulated by law.

The State shall provide the political parties with adequate financial means in an equitable manner. The principles regarding aid to political parties, as well as collection of dues and donations are regulated by law.

B. Principles to be observed by political partiesARTICLE 69- (As amended on July 23, 1995; Act No. 4121) The activities, internal regulations and operation of political

parties shall be in line with democratic principles. The application of these principles is regulated by law.

Political parties shall not engage in commercial activities.The income and expenditure of political parties shall be

consistent with their objectives. The application of this rule is regulated by law. The auditing of acquisitions, revenue and expenditure of political parties by the Constitutional Court in terms of conformity to law as well as the methods of audit and sanctions to be applied in case of inconformity to law shall be indicated in law. The Constitutional Court shall be assisted by the Court of Accounts in performing its task of auditing. The judgments rendered by the Constitutional Court because of the auditing shall be final.

The dissolution of political parties shall be decided finally by the Constitutional Court after the filing of a suit by the office of the Chief Public Prosecutor of the High Court of Appeals.

The permanent dissolution of a political party shall be decided when it is established that the statute and program of the political party violate the provisions of the fourth paragraph of Article 68.

The decision to dissolve a political party permanently owing to activities violating the provisions of the fourth paragraph of Article 68 may be rendered only when the Constitutional Court determines

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that the party in question has become a centre for the execution of such activities. (Sentence added on October 3, 2001; Act No. 4709) A political party shall be deemed to become the centre of such actions only when such actions are carried out intensively by the members of that party or the situation is shared implicitly or explicitly by the grand congress, general chairpersonship or the central decision-making or administrative organs of that party or by the groups general meeting or group executive board at the Grand National Assembly of Turkey or when these activities are carried out in determination by the above-mentioned party organs directly.

(Paragraph added on October 3, 2001; Act No. 4709) Instead of dissolving it permanently in accordance with the above-mentioned paragraphs, the Constitutional Court may rule the concerned party to be deprived of state aid wholly or in part with respect to intensity of the actions brought before the court.

A party which has been dissolved permanently shall not be founded under another name.

The members, including the founders of a political party whose acts or statements have caused the party to be dissolved permanently shall not be founders, members, directors or supervisors in any other party for a period of five years from the date of publication of the Constitutional Courts final decision with its justification for permanently dissolving the party in the Official Gazette.

Political parties that accept aidfrom foreign states, international institutions and persons and corporate bodies of non-Turkish nationality shall be dissolved permanently.

(As amended on October 3, 2001; Act No. 4709) The foundation and activities of political parties, their supervision and dissolution, or their deprival of state aid wholly or in part as well as the election expenditures and procedures of the political parties and candidates, are regulated by law in accordance with the above-mentioned principles.

IV. Right to enter public serviceA. Entry into public serviceARTICLE 70- Every Turk has the right to enter public

service.

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No criteria other than the qualifications for the office concerned shall be taken into consideration for recruitment into public service.

B. Declaration of assetsARTICLE 71- Declaration of assets by persons entering

public service and the frequency of such declarations shall be determined by law. Those serving in the legislative and executive organs shall not be exempted from this requirement.

V. National serviceARTICLE 72- National service is the right and duty of

every Turk. The manner in which this service shall be performed, or considered as performed, either in the armed forces or in public service, shall be regulated by law.

VI. Duty to pay taxesARTICLE 73- Everyone is under obligation to pay taxes

according to his financial resources, in order to meet public expenditure.

An equitable and balanced distribution of the tax burden is the social objective of fiscal policy.

Taxes, fees, duties, and other such financial obligations shall be imposed, amended, or revoked by law.

The Council of Ministers may be empowered to amend the percentages of exemption, exceptions and reductions in taxes, fees, duties and other such financial obligations, within the minimum and maximum limits prescribed by law.

VII. Right of petition, right to information and appeal to the Ombudsperson8

ARTICLE 74- (As amended on October 3, 2001; Act No. 4709) Citizens and foreigners resident in Turkey, with the condition of observing the principle of reciprocity, have the right to apply in writing to the competent authorities and to the Grand National Assembly of Turkey with regard to the requests and complaints concerning themselves or the public.

8 The phrase,right to information and appeal to the Ombudsperson was added by the eighth Article of Act No. 5982 dated September 12, 2010.

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(As amended on October 3, 2001; Act No. 4709) The result of the application concerning himself/herself shall be made known to the petitioner in writing without delay.

(Repealed on September 12, 2010; Act No. 5982)(Paragraph added on September 12, 2010; Act No. 5982)

Everyone has the right to obtain information and appeal to the Ombudsperson.

(Paragraph added on September 12, 2010; Act No. 5982) The Institution of the Ombudsperson established under the Grand National Assembly of Turkey examines complaints on the functioning of the administration.

(Paragraph added on September 12, 2010; Act No. 5982) The Chief Ombudsperson shall be elected by the Grand National Assembly of Turkey for a term of four years by secret ballot. In the first two ballots, a two-thirds majority of the total number of members, and in the third ballot an absolute majority of the total number of members shall be required. If an absolute majority cannot be obtained in the third ballot, a fourth ballot shall be held between the two candidates who have received the greatest number of votes in the third ballot; the candidate who receives the greatest number of votes in the fourth ballot shall be elected.

(Paragraph added on September 12, 2010; Act No. 5982) The way of exercising these rights referred to in this article, the establishment, duties, functioning of the Ombudsperson Institution and its proceedings after the examination and the procedures and principles regarding the qualifications, elections and personnel rights of the Chief Ombudsperson and ombudspersons shall be laid down in law.

PART THREE Fundamental Organs of the Republic

CHAPTER ONE Legislative Power

I. The Grand National Assembly of TurkeyA. Composition

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ARTICLE 75- (As amended on May 17, 1987; Act No. 3361, and on July 23, 1995; Act No. 4121) The Grand National Assembly of Turkey shall be composed of five hundred and fifty deputies elected by universal suffrage.

B. Eligibility to be a deputyARTICLE 76- (As amended on October 13, 2006; Act No.

5551) Every Turk over the age oftwenty-fiveis eligible to be a deputy.(As amended on December 27, 2002; Act No. 4777) Persons

who have not completed primary education, who have been deprived of legal capacity, who have not performed compulsory military service, who are banned from public service, who have been sentenced to a prison term totalling one year or more excluding involuntary offences, or to a heavy imprisonment; those who have been convicted for dishonourable offences such as embezzlement, corruption, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy; and persons convicted of smuggling, conspiracy in official bidding or purchasing, of offences related to the disclosure of state secrets, of involvement inacts of terrorism, or incitement and encouragement of such activities, shall not be elected as a deputy, even if they have been granted amnesty.

Judges and prosecutors, members of the higher judicial organs, lecturers at institutions of higher education, members of the Council of Higher Education, employees of public institutions and agencies who have the status of civil servants, other public employees not regarded as labourers on account of the duties they perform, and members of the armed forces shall not stand for election or be eligible to be a deputy unless they resign from office.

C. Election term of the Grand National Assembly of TurkeyARTICLE 77- (As amended on October 21, 2007; Act No.

5678) Elections for the Grand National Assembly of Turkey shall be held every four years.

The Assembly may decide to hold a new election before the termination of this period, or elections shall be renewed according to the decision taken by the President of the Republic, under the conditions set forth in the Constitution. A deputy whose term of office expires is eligible for re-election.

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In the event of a decision to h